Boivin v. Galipeau, (1997) 51 O.T.C. 77 (GD)

• Judge: Métivier, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: November 07, 1997
• Jurisdiction: Ontario
• Citations: (1997), 51 O.T.C. 77 (GD)

Boivin v. Galipeau (1997), 51 O.T.C. 77 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. DE.061

Madeleine Boivin (plaintiff) v. Gilbert Galipeau (defendant)

(Court File No. 55867/97)

Indexed As: Boivin v. Galipeau

Ontario Court of Justice

General Division

Ottawa

Métivier, J.

November 7, 1997.

Summary:

A wife commenced an action against her husband for spousal support after a 27 year marriage. She also sought an unequal divi­sion of net family property. The husband had received a $50,000 loan from his aunt. The aunt loaned the money despite the wife's refusal to agree to have the loan secured against the matrimonial home. The husband had a mental disorder which allegedly led him to spend excessive amounts of money. The aunt obtained a default judgment against the husband and sought to levy it against the proceeds from the sale of the matrimonial home. The proceeds were paid into court to allow completion of the sale. The wife sought to prevent the aunt's execution on the judgment.

The Ontario Court (General Division) ordered that the monies paid into court be retained there until final determination of all matters in the matrimonial matter. The court stated that, in the circumstances, it would be unconscionable to allow an unsecured credi­tor, a family member, to defeat the claims of the wife. It would be tantamount to making this creditor a secured creditor of a matri­monial home, and this over the objections and despite the refusal of a co-owner.

Family Law - Topic 630

Husband and wife - Marital property - Matrimonial home - General - See para­graphs 1 to 10.

Family Law - Topic 899

Husband and wife - Liability for spouse's debts - Debts incurred by spouse - Gen­eral - See paragraphs 1 to 10.

Counsel:

Marthe Montreuil, for the plaintiff;

Russell A. Molot, for Rose Leduc.

This matter was heard before Métivier, J., of the Ontario Court (General Division), who delivered the following decision on Novem­ber 7, 1997.